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September 21. 2012 12:37AM

Judge says child pornography is as serious as actual assault

BRENTWOOD — When a Salem man argued he should receive a suspended sentence in exchange for pleading guilty to possession of child pornography, the judge responded by explaining why he views the crime more seriously than he once did.

Zachary Gray, 20, was sentenced 2 to 4 years in state prison Wednesday morning on two counts of attempted possession of child pornography. He pleaded guilty as part of a negotiated disposition.

Prosecutors focused their arguments on Gray’s criminal record, which included convictions for misdemeanor sexual assault and criminal threatening dating back to 2009.

Defense lawyer James Rosenberg argued that Gray was still a young man with a troubled past trying to turn around his life through a battery of counseling.

But Judge Kenneth McHugh said Gray’s case was more about deterring the public from committing similar crimes.

“I’m convinced this is as serious and sometimes a more serious crime than an actual sexual assault,” McHugh said while handing down the sentence.

His comments marked the second time in recent days that a Rockingham County judge said he believes child pornography needs to be taken more seriously by both the court and the public.

On Sept. 5, Judge N. William Delker sentenced a Hampstead man to 14 to 28 years in state prison for possession of child pornography — one of the longest in the county — after explaining that he believed the Legislature recently put more teeth in the law so more people would face state prison time.

During Wednesday’s hearing, Rosenberg noted his client was convicted of possessing only two images on his computer and had made significant strides in seeking sexual offender counseling.

That counseling ended when Gray pleaded guilty in 10th Circuit Court in Salem on May 8 for violating his probation by being indicted on child pornography charges.

He is serving a 9-month jail sentence for that case. Gray had previous convictions for having sex with a 14-year-old girl when he was 17 and for threatening another woman with a knife.

Gray apologized for his actions and said he hoped to continue working with his counselor and stay out of trouble.

“I am not a horrible person,” Gray said. “I am a young adult who has made very serious mistakes.”

Gray’s grandmother, Lillian Gregg, asked McHugh to keep her grandson out of prison and continue with sex offender treatment.

“As a grandmother, it’s inconceivable to me that he has this problem, but I know it’s a serious charge and I want him to get help,” she said.

McHugh said he hoped the sentence in Gray’s case and others might make people think twice about a prevalent attitude that child pornography is somehow a victimless crime.

“Up until recently, until the last 2 or 3 years, I looked at it as lesser than an actual sexual assault,” McHugh said.

When there was an actual victim in the courtroom, McHugh said “I could identify a name with a face because I had person here. I would know about the pain and suffering they went through.”

McHugh said one way to deter people from using child pornography is to demonstrate it comes with a serious punishment.

“If they read and hear about cases like this, they will have to do what they have to do to rid their computers of this material,” McHugh said. If that happens on a wide scale, it will become less cost-effective for those who create and market child abuse.

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James A. Kimble may be reached at JKimble@newstote.com.

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